A aplicabilidade do parágrafo único, do artigo 741, do CPC como mecanismo processual de relativização da coisa julgada

Abstract

This work aims to reinforce the Sole Paragraph, article 741, according to the Civil Process Code, as a way of getting flexibility towards judicial estoppel as it searches a better justice onto the decisions imposed by the government without taking for granted the juridical security principal. We have concluded that there is no law utter principal disposition as all people must harmoniously live according to laws in order to achieve justice. This way, as we analyzed each situation, one principle should give either great or none space to the other one. During our research, we came to a conclusion that it is necessary to decrease juridical security principal, giving more space to the constitutionality principal in each we believe a decision ought to have cohesion regarding juridical laws inserted in that context.